House of Representatives Committees

Chapter 1 Introduction

1.1This review is conducted under section 102.1A of the Criminal Code
Act 1995 (the Criminal Code). Section 102.1A provides that the
Parliamentary Joint Committee on Intelligence and Security (the Committee) may
review a regulation specifying an organisation as a terrorist organisation for
the purpose of paragraph (b) of the definition of terrorist organisation in
section 102.1 of the Criminal Code and report the Committee’s comments to each
House of the Parliament before the end of the applicable disallowance period.

1.2The regulations under review have specified the following organisations
as terrorist organisations for the purposes of section 102.1 of the Criminal
Code:

nAl-Shabaab

nHamas’ Izz al-Din
al-Qassam Brigades (Hamas’ Brigades)

nKurdistan Workers
Party (PKK)

nLashkar-e-Tayyiba (LeT)

nPalestinian Islamic
Jihad (PIJ)

1.3This is a review of the re-listing of these five organisations.

1.4In a letter to the Committee dated 10 August 2012, the Attorney-General
advised that she intended to re-list these five organisations prior to the
lapsing of their current listing as provided for in section 102.1(3). The
Attorney provided statements of reasons for the re-listings. These were
accepted as submission number one to this review.

1.5The regulations were signed by the Governor-General on 16 August 2012. They
were then tabled in the House of Representatives and the Senate on 20 August
2012. The disallowance period of 15 sitting days for the Committee’s review of
the listing began from the date of the tabling. Therefore the Committee was
required to report to the Parliament by Monday, 15 October 2012.

1.6Notice of the review was placed on the Committee’s website and a media
release was issued on 17 August 2012. One submission was received from the
general public.

1.7In its first report, Review of the listing on the Palestinian Islamic
Jihad(PIJ), the Committee decided that it would test the validity
of the listing of a terrorist organisation under the Criminal Code on both the
procedures and the merits.

1.8The Committee continues to regard this as a useful approach in the
discharge of its responsibilities.

The Government’s procedures

1.9In a letter received by the Committee on 29 August 2012 the
Attorney-General’s Department advised the Committee that the procedures listed
below—accepted as submission number two for this review— were followed for the
purpose of listing the organisations:

Process for the 2012
re-listing of five terrorist organisations under the Criminal Code

The Security
Law Branch of the Attorney-General’s Department facilitates the process by
which the Attorney-General makes a decision to list, re-list or de-list a
terrorist organisation under the Criminal Code. This includes obtaining
products from the Australian Security Intelligence Organisation (ASIO) that
assess organisations and seeking the advice of the Chief General Counsel of the
Australian Government Solicitor in relation to the assessments. These are
included in a package of information that is submitted to the Attorney-General
to assist her to make a decision as to whether or not a particular organisation
will be listed under the Criminal Code.

§Unclassified Statements of Reasons were prepared by ASIO, and
endorsed by DFAT, detailing the case for re-listing Al-Shabaab, Hamas’
Brigades, PKK, LeT and PIJ.

§On 1 June 2012,Mr Robert Orr QC, Chief General Counsel,
provided written advice with respect to the Statements of Reasons for
Al-Shabaab, Hamas’ Brigades, LeT and PIJ.

§On 28 June 2002, Mr Mark Molloy, Senior General Counsel, provided
written advice with respect to the Statements of Reasons for the PKK.

§The Director-General of Security wrote to the Attorney‑General
on
29 June 2012,outlining the background, training activities, terrorist
activities, and relevant statements of Al-Shabaab, Hamas’ Brigades, PKK, LeT
and PIJ.

§A submission was provided to the Attorney-General on13
July 2012,providing the following documents:

ocopies of the Statements of Reasons received from ASIO with
respect to the organisations; and

oadvice from the Chief General Counsel.

Having considered the information
provided in the submission, the Attorney‑General signed statements on 23
July 2012 with respect to Al-Shabaab, Hamas’ Brigades, PKK, LeT and PIJ
confirming that she is satisfied on reasonable grounds that the organisations
are organisations directly or indirectly engaged in, preparing, planning,
assisting in or fostering the doing of a terrorist act, or advocate the doing
of a terrorist act, whether or not the act has occurred or will occur.

On 23 July 2012, the Attorney-General
wrote to the Director-General of Security, in response to the
Director-General’s letter dated 29 June 2012.

On23 July 2012, the
Attorney-General wrote to the Prime Minister advising of her intention to
re-list Al-Shabaab, Hamas’ Brigades, PKK, LeT and PIJ as terrorist
organisations.

On 23 July 2012, the Attorney-General
wrote, on behalf of the Prime Minister, to the Premiers of the States and
Chief Ministers of the Territories advising them of her decision to
re-list Al-Shabaab, Hamas’ Brigades, PKK, LeT and PIJ as terrorist
organisations and requesting their comments on the proposed re-listing. The
States and Territories were also advised of the proposed re-listings by e-mail
dated 24 July 2012.

The following responses were received from the Premiers and Chief Ministers of
the States and Territories:

A submission was provided to the
Attorney-General on 6 August 2012,providing regulations and Federal
Executive Council documentation with respect to the re-listing of Al-Shabaab,
Hamas’ Brigades, PKK, LeT and PIJ.

On 6 August 2012 the Attorney-General
signed Criminal Code Amendment Regulations 2012 in relation to the
organisations, and approved associated Federal Executive Council documentation
including an explanatory memorandum, executive council minute and explanatory
statements, in preparation for the Federal Executive Council meeting on
16 August 2012.

On 10 August 2012, the Attorney-General
advised the Leader of the Opposition of the proposed re-listing of Al-Shabaab,
Hamas’ Brigades, PKK, LeT and PIJ as terrorist organisations by letter, and
offered a briefing in relation to the re-listings.

On 10 August 2012, the Attorney-General
wrote to the Chair of the Parliamentary Joint Committee on Intelligence and
Security advising of her decision to re-list Al-Shabaab, Hamas’ Brigades, PKK,
LeT and PIJ as terrorist organi-ations.

On 16 August 2012 the Governor-General
signed the following Criminal Code Amendment Regulations: